VIRGIN ISLANDS RULES OF CRIMINAL PROCEDURE Rule 5. Initial Appearance

• Jurisdiction: United States

Rule 5. Initial Appearance

(a) Appearance Upon an Arrest.

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(1) A law enforcement officer within the Virgin Islands making an arrest—whether for a Virgin Islands crime or a crime allegedly committed in another jurisdiction—shall take the arrested person promptly and without unnecessary delay before the court.

(2) If a person arrested without a warrant is brought before the court, a sworn statement prepared by a law enforcement officer supporting probable cause for the arrest shall be filed with the court.

(2A) In cases of extradition or rendition, the person arrested must be brought before a judge with all practicable speed, regardless of whether a complaint under oath has been prepared by the date of arrest. Either at the initial appearance of the person arrested, or as soon as practicable thereafter, a complaint under oath must be made against the person arrested, setting forth the ground for the arrest as provided in 5 V.I.C. § 3813 and § 3814. Further proceedings in fugitive, extradition or rendition cases shall comply with statutory requirements of Chapter 311 of Title 5 of the Virgin Islands Code and with Rule 40.1 of these Rules of Criminal Procedure.

(3) Before taking an arrested person before the court, a law enforcement officer may perform any recording, fingerprinting, photographing, or other preliminary police duties required in the particular case, and if such duties are performed with reasonable...